NORML Files Lawsuit Against Obama’s Medical Marijuana Inquisition
Posted by Marijuana Doctors on 11/11/2011 in Medical Marijuana News
Last month, the Obama administration targeted medical marijuana growers in California, warning that if California dispensaries do not cease all operations within 45 days they would be destroyed. This month, advocates over at NORML said they just won’t stand for it.
NORML Attorneys Matt Kumin, David Michael, and Alan Silber filed a lawsuit in an attempt to put an end to the federal crackdown on California’s dispensaries on the grounds that it violates the US constitution. This is the second lawsuit fighting the unconstitutionality of the Obama administration’s bullying of CA compassionate care centers and medical marijuana dispensaries, with the Americans for Safe Access filing a lawsuit last month.
The NORML lawsuit seeks an injunction against the recent federal intrusion and claims that not only does the federal government’s actions equate to a ‘judicial estoppel’ aka entrapment of medical marijuana patients and caregivers, but also that their actions are unconstitutional in four ways:
It Violates the 9th Amendment
The 9th Amendment of the US Constitution states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” And NORML’s attorneys argue in their lawsuit that the federal government is violating the rights of Californians to “consult with their doctors about their bodies and health.”
It Violates the 10th Amendment
The 10th Amendment of the US Constitution states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” And NORML’s attorneys argue in their lawsuit that the California as a state has the “primary plenary power to protect the health of its citizens.”
It Violates the 14th Amendment
The 10th Amendment of the US Constitution states that every citizen of the United States should have equal protection under the law, and the NORML’s attorneys argue in their lawsuit that the federal government is in violation of this because of the compassionate IND program through which the federal government supplies US citizens with marijuana. Furthermore, the government has recognized and allowed the state of Colorado to run a medical marijuana program, and California should be able to do the same.
It violates the Constitution’s Interstate Commerce Clause
The attorneys argue that Raich v. Gonzales 545 US 1 (2005) already determined that Constitution’s Interstate Commerce Clause does allow the feds to prosecute California’s medical marijuana, stating that “…it is still difficult to imagine that marijuana grown only in California, pursuant to California State law, and distributed only within California, only to California residents holding state-issued cards, and only for medical purposes, can be subject to federal regulation pursuant to the Commerce Clause. For that reason, Plaintiffs preserve the issue for further Supreme Court review, if necessary and deemed appropriate.”
We couldn’t agree more. It’s completely unfair how the Obama Administration is targeting California medical marijuana patients, and we hope the presiding judge sees the truth in that. We’ll keep you posted on any new developments with this case and wish NORML all the best in their efforts to fight for medical marijuana patients and caregivers in California.